Discovery is the pre-trial
phase in a lawsuit in which the plaintiff and defendant, through the
law of civil procedure, can request documents and other evidence from
other parties or can compel the production of evidence by using a
subpoena or through other discovery devices, such as depositions upon
oral examination or written questions; written interrogatories;
production of documents or things or permission to enter upon land or
other property for inspection and other purposes; physical and mental
examinations; and requests for admission. The frequency of use of the
above methods may be limited by your states law of civil procedure.
Florida law states:
may obtain discovery regarding any matter, not privileged, that is
relevant to the subject matter of the pending action, whether it
relates to the claim or defense of the party seeking discovery or the
claim or defense of any other party, including the existence,
description, nature, custody, condition, and location of any books,
documents, or other tangible things and the identity and location of
persons having knowledge of any discoverable matter. It is not ground
for objection that the information sought will be inadmissible at the
trial if the information sought appears reasonably calculated to lead
to the discovery of admissible evidence.
Listed below is an example
of what you might expect from the debt collection attorney in terms
ANSWER TO NOTICE OF
SERVICE OF INTERROGATORIES
Please state the name, business and home
addresses and telephone numbers, of the persons answering these
If you claim that the charges billed are
incorrect please state, with particularity, how such charges are
If you take the position that the prices
reflected in the exhibits to the Complaint do not represent the
outstanding charges owed by you, please indicate what the charges
were to be, and who, on behalf of the Plaintiff, so agreed to them.
If you claim any defect of problem in any of the
services and/or charges with your account, please indicate the
nature of the same, the date first observed, and the person who
first observed it.
If you claim any defect or problem with the
charges, please state whether you notified the Plaintiff of such
defect, and if so, please state:
The date of any such notification, the content
of same, and whether the notification was oral or in writing.
If in writing identify the date and description.
To whom representing the Plaintiff that such
notification was given.
Who representing the Defendant(s) gave such
The content of the Plaintiff's reply to
each such notification.
If you objected to any of the exhibits attached
to the Complaint upon their receipt, please state:
Whether your objection was oral or in writing.
When and by what method did you so object.
To whom representing the Plaintiff you conveyed
Who representing the Defendant(s) made the
If you claim to have paid in full or in part the
amount sued for in this case, please identify the date and manner of
payment, and the recipient of the same.
If you have not paid in full for the obligation
which is the subject matter of this action, please state your reason
for not paying in full the amount listed on the statement(s) or
invoice(s) attached to the Complaint.
Please list each person known to you or to your
attorney who has personal knowledge of the matters involved in this
lawsuit, and as to each, please state their name, home and business
addresses and telephone numbers, and relationship to the
Defendant(s), if any.
State the names, addresses, and telephone
numbers of each person who you intend to call as a witness at the
trial of this case, and provide a brief synopsis as to the
anticipated testimony of each.
State the name of the person or employee of
Defendant who is responsible for payment of invoices.
State the name and address of the person who is
the records custodian of the books and records of Defendant.
With reference to each and every Affirmative
Defense you have stated, state the factual basis for your defense,
identify all persons who have knowledge of the facts supporting the
defense and state the date and description of any documents which
would support the defense.
ANSWER TO REQUEST
You or your authorized representative applied to
Plaintiff for a Credit Card.
An account was established in your name and a
Credit Card was issued to you.
You agreed to the terms and conditions of the
written contract entitled Cardmember Agreement.
You agreed that you would be responsible for all
charges made on your account in connection with all Credit Cards
issued on your account.
Charges were incurred on your account in the sum
of $X.XX which remain unpaid.
Demand has been made for the amount of $X.XX by
Credit and you have failed and refused and continue to fail and
refuse to pay this amount or any sums whatsoever.
The exhibits attached to the Complaint filed in
this action are true documents which properly and correctly
represent you or your authorized representative's charges.
The charges described in the exhibits attached
to the Complaint filed in this action were made by you or your
You made no payments toward the reduction of the
amounts due and owing as stated on the exhibits attached to the
Complaint filed in the action.
You received all the credits for payments made
by you that you were entitled to receive and that relate to the
transaction(s) complained of in Plaintiff's Complaint and
exhibits attached thereto.
You or your authorized representative received
copies of the exhibits attached to the Complaint filed in this
action, shortly after the dates on the same.
You did not object to the exhibits attached to
the Complain filed in the action prior to the time payment was
required to be made.
You did not object to the exhibits attached to
the Complaint filed in the action prior to the time you were served
with process in this cause.
You owe the Plaintiff the unpaid balance due and
owing according to the exhibits attached to the Complaint filed in
You owe to the Plaintiff the amount demanded in
the Complaint filed herein.
There were no objections to the charges made by
you or your authorized designee.
You have not paid in full the amount sued upon
by the Plaintiff in this case.
You have not paid any portion of the amount sued
upon by the Plaintiff in this case.
ANSWER TO REQUEST TO PRODUCE
All invoices received from the Plaintiff.
All statements received from the Plaintiff.
All canceled checks evidencing payments by
Defendant to the Plaintiff on the account in suit.
All contracts, agreements and memoranda of
agreements between the parties.
All correspondence received by the Defendant
from the Plaintiff.
All correspondence sent by the Defendant to the
Defendant's entire file concerning the
matter which is herein in controversy.
Defendant's account payable ledger or book
or record, kept in the usual course of Defendant's business,
pertaining to the account of Defendant with Plaintiff.
Any written objections sent by Defendant to
Plaintiff claiming objections to the charges to your account.
Any written notification sent by Defendant to
Plaintiff claiming any objections to the charges to your account.
All documents identified in the Interrogatories
filed with this Request to Produce.
All documents which would evidence why
Defendant(s) failed to pay the debt as alleged in the Complaint.
All documents evidencing that Defendant(s) do
not owe the money alleged in Plaintiff's Complaint.
All documents evidencing payments made by
defendant(s) on this account.
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